Idaho abortion decision leaves both sides in long-term limbo

Idaho Chief of Constitutional Litigation and Policy Josh Turner, who argued the case for the state, said that while the court decided to “punt” on the merits of the case, he had “zero doubt” that the Idaho law was not preempted by federal law and “will be vindicated in full.”

As in a case preserving the Food and Drug Administration’s ability to regulate abortion drug mifepristone, the decision was met with cautious praise from reproductive rights advocates and Democrats, who said it left them in limbo.

“The justices had an opportunity to take a legitimate stand on the right to basic, life-saving health care that includes abortion and instead chose to do the bare minimum, dismissing the case and returning it to the lower courts for further litigation,” said Oriaku Njoku, executive director for the National Network of Abortion Funds.

“While the women of Idaho can breathe a sigh of relief today, the Supreme Court has senselessly declined to affirm the universal right to emergency medical care. The fact that this is still in question underscores the dark reality of post-Roe America,” said House Democratic Whip Katherine M. Clark.

“Today is a minor reprieve, but pregnant women and doctors nationwide deserve the certainty of the Court validating emergency abortion care,” said Rep. Judy Chu, D-Calif.

Conservatives also said there was an opportunity for additional action.

“Abortion is not medical care. Even if the Court ultimately allows the Biden administration and its abortion lobbyists to twist federal laws … policymakers can correct this horrible outcome,” said The Heritage Foundation’s Sarah Parshall Perry and Melanie Israel in a joint statement.

But Sen. Bill Cassidy, R-La., the ranking Republican on the Senate Health, Education, Labor and Pensions Committee, said the 1986 law “was clearly intended to protect both pregnant women and their unborn children.”

“Every state in the country allows for doctors to treat a woman experiencing an ectopic pregnancy, miscarriage, or other life-threatening condition,” he said. “That is called health care, not an abortion. Yet, the Biden administration continues to fearmonger for election year politics.”

Voter impact

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